(A) Violations. It shall be a violation of this chapter to do any of the following:
(1) To make an earth change without first obtaining a permit as required by this chapter;
(2) To provide false or misleading information in an application for permit;
(3) To fail to follow approved storm water control plan;
(4) To fail to maintain a storm water control measure or device in accordance with an approved storm water control plan.
(B) Notice of violation. Whenever there is a failure to comply with the provisions of this chapter, the enforcement agent shall notify the applicant or owner that he or she has 5 calendar days from the receipt of the notice to temporarily correct the violation and 30 calendar days from receipt of the notice to permanently correct the violation. The enforcement agent for good cause demonstrated by the permitee may make reasonable extensions. Notice shall be made by certified mail, return receipt requested.
(1) Issue or cause to be issued a municipal infraction;
(2) Take whatever remedial actions are necessary and assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded with the Grand Traverse County Register of Deeds and shall incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this chapter, including assessment of a lien on the property.
(D) Emergency actions. When emergency actions are necessary to moderate a nuisance, to protect public safety, health, welfare, and/or to prevent the loss of life, injury, or damage to property, the enforcement agent is authorized to carry out or arrange for all such emergency actions, and to enforce penalties and/or liens as described herein.
(E) Cease and desist orders. The enforcement agent may issue a cease and desist order or revoke a permit upon the determination that there is a violation of this chapter. A cease and desist order, when issued, shall require all earth change activities to stop immediately.
(F) Injunctive relief. Notwithstanding any other remedy available under this chapter, the enforcement agent may maintain an action in a court of competent jurisdiction for an injunction or other process against a person to restrain or prevent violations of this chapter.
(Ord. 02 06-07, passed 6-4-2007)